Statute Details
- Title: Sewerage and Drainage (Composition of Offences) Regulations
- Act Code: SDA1999-RG6
- Legislative Type: Subsidiary legislation (SL)
- Authorising Act: Sewerage and Drainage Act (Chapter 294, Sections 70 and 74(1))
- Regulation Number: Rg 6
- G.N. No.: S 269/2006
- Revised Edition: 2007 RevEd (15 May 2007)
- Commencement (as reflected in the extract): 1 June 2006
- Current version status: Current version as at 27 Mar 2026
- Key Provision (from extract): Regulation 2 (Compoundable offences)
- Legislative history (highlights): Amended by S 71/2015 (13 Feb 2015), S 232/2018 (1 Apr 2018 and 1 May 2018), S 59/2018 (31 Jan 2018), S 431/2012 (1 Sep 2012), S 145/2025 (31 Dec 2021 and 1 Mar 2025)
What Is This Legislation About?
The Sewerage and Drainage (Composition of Offences) Regulations (“Composition Regulations”) set out which offences under the Sewerage and Drainage regulatory framework may be “compounded” by the Board. In plain language, compounding is an administrative mechanism that allows certain offenders to pay a composition sum to resolve an offence without going through a full criminal prosecution—provided the offence is one that the Regulations identify as compoundable.
These Regulations do not create new offences by themselves. Instead, they operate as a procedural and enforcement tool linked to the Sewerage and Drainage Act. The Regulations specify categories of offences (and, importantly, exclude “continuing offences”) that the Board may compound in accordance with section 70 of the Act. This means the substantive conduct rules remain in the various Sewerage and Drainage subsidiary regulations (for example, sanitary works, sewerage works, surface water drainage, trade effluent, and protection of the public sewerage system), while the Composition Regulations determine whether the Board can resolve breaches through compounding.
For practitioners, the practical significance is that the Regulations define the boundary between matters that are suitable for administrative settlement and matters that may still require prosecution—especially where the offence is continuing (i.e., an ongoing breach that persists over time). The Regulations also reflect how the regulatory regime has expanded over time, as later amendments added offences from newer subsidiary regulations.
What Are the Key Provisions?
1. Regulation 1 (Citation) is straightforward: it provides the short title for the Regulations. While not legally substantive, citation matters for drafting, charging documents, and correspondence with regulators.
2. Regulation 2 (Compoundable offences) is the core provision. Regulation 2 provides that “the following offences may be compounded by the Board” in accordance with section 70 of the Sewerage and Drainage Act. The Board’s compounding power is thus not open-ended; it is limited to the offences enumerated in Regulation 2.
2(a) Offences under the Sewerage and Drainage Act—Regulation 2(a) lists a wide range of offences under the Act. The list is detailed and cross-references specific sections and subsections, including offences under sections 10(5), 11(4)(a) and (b), 13A(1), 14(4), 16(5), 16A(5)(a), 17(4), 18(1), 19(2), 20(1)(a) and (b), 20(2)(a), 22A(6), 22B(5), 24(4)(a) (in relation to contraventions of subsection (1)(a) or (1A)), 24A(2), 26(5)(a) (in relation to contraventions of subsection (1A)), 31(5), 33(7D) or (8B), 34(2), 35(2), 36(6), 38(3), 41(1)(a), 46, and 63(b). The provision also makes clear that these are compoundable only if they are “other than a continuing offence”.
Why the “other than a continuing offence” limitation matters: In enforcement practice, continuing offences often involve ongoing non-compliance (for example, persistent failure to comply with requirements that must be remedied). By excluding continuing offences, the Regulations signal that compounding is intended for discrete breaches rather than situations where the contravention persists and requires ongoing corrective action. For counsel, this affects advice on settlement strategy: compounding may be available for a one-off breach, but where the breach continues, the Board may be less likely (or legally unable) to compound and may instead pursue prosecution or other enforcement steps.
2(b) Offences under the Sewerage and Drainage (Sanitary Works and Sewerage Works) Regulations (Rg 2)—Regulation 2(b) identifies specific offences under Rg 2 that are compoundable, again excluding continuing offences. It includes offences tied to contraventions of various regulations, such as regulation 8(1) (in relation to contraventions of regulation 4A, 5(1) or (3), 6(1), (3) or (5), or 7(1)) and regulation 8(2) (in relation to contraventions of regulation 3(1) or (2) or 4(1)).
2(c) Offences under the Sewerage and Drainage (Surface Water Drainage) Regulations (Rg 4)—Regulation 2(c) provides that offences under regulation 4, read with regulation 6 of Rg 4 are compoundable. This shows that the compounding regime extends beyond the “core” sewerage works into surface water drainage compliance.
2(d) Offences under the Sewerage and Drainage (Trade Effluent) Regulations (Rg 5)—Regulation 2(d) makes offences under regulation 14 of Rg 5 compoundable (excluding continuing offences). Trade effluent regulation is often technically complex and may involve licensing, sampling, discharge limits, or treatment requirements; compounding can therefore be a practical settlement route for certain breaches.
2(e) Offences under the Sewerage and Drainage (Protection of Public Sewerage System) Regulations 2017—Regulation 2(e) extends the compounding list to offences under the Protection of Public Sewerage System Regulations 2017 (G.N. No. S 338/2017). It specifies offences under particular regulations (including regulation 4(2), 6(4), 9(3) or (5), 11(3), 12(2), and 14(4)), again excluding continuing offences.
Practitioner note on drafting and case handling: Regulation 2 is structured as a catalogue. In practice, determining whether an offence is compoundable requires mapping the alleged conduct to the exact offence provision and subsection/regulation referenced in Regulation 2. Counsel should therefore obtain the regulator’s particulars (or the charge sheet, if any) and verify whether the offence falls within the enumerated compoundable categories and whether it is alleged as a continuing offence.
How Is This Legislation Structured?
The Composition Regulations are brief and functionally focused. The extract indicates only two substantive parts: Regulation 1 (citation) and Regulation 2 (compoundable offences). Regulation 2 is subdivided into paragraphs (a) through (e), each covering offences under different layers of the regulatory framework:
(a) offences under the Sewerage and Drainage Act itself;
(b) offences under the Sanitary Works and Sewerage Works Regulations (Rg 2);
(c) offences under the Surface Water Drainage Regulations (Rg 4);
(d) offences under the Trade Effluent Regulations (Rg 5); and
(e) offences under the Protection of Public Sewerage System Regulations 2017.
There are no “Parts” listed in the metadata, and the Regulations operate as an enabling instrument for the Board’s compounding power under section 70 of the Act.
Who Does This Legislation Apply To?
The Regulations apply to persons who commit offences within the scope of the Sewerage and Drainage regulatory regime—such as individuals, companies, contractors, and other entities responsible for sanitary works, sewerage works, surface water drainage, trade effluent discharges, or activities affecting the public sewerage system. The compounding mechanism is exercised by the Board, but the underlying offences are directed at regulated parties who contravene statutory and regulatory requirements.
Importantly, the Regulations do not automatically apply to every breach. They apply only where the alleged offence is one of the enumerated offences in Regulation 2 and is not a continuing offence. Therefore, applicability in a given case depends on (i) the precise legal characterisation of the offence and (ii) whether the breach is continuing.
Why Is This Legislation Important?
For legal practitioners, the Composition Regulations are important because they directly affect enforcement outcomes. Where an offence is compoundable, the Board may offer (or the offender may seek) a composition resolution. This can reduce time, cost, and reputational impact compared with prosecution. It can also provide certainty: compounding typically results in a final administrative settlement for the offence(s) compounded, subject to the Act’s compounding framework.
From an enforcement perspective, the Regulations also help the Board manage compliance and risk. By excluding continuing offences, the Regulations preserve prosecutorial leverage and remedial urgency for breaches that are ongoing. This aligns with the regulatory objectives of protecting sewerage and drainage systems, preventing environmental harm, and ensuring that corrective measures are actually implemented.
Finally, the amendments reflected in the legislative history demonstrate that the compounding regime evolves alongside the regulatory landscape. The inclusion of offences under newer subsidiary regulations (such as the Protection of Public Sewerage System Regulations 2017) indicates that compounding is intended to remain a practical tool across multiple technical domains. Counsel should therefore treat the Regulation 2 list as a living enforcement map: the availability of compounding may change as the regulatory framework expands or is amended.
Related Legislation
- Sewerage and Drainage Act (Chapter 294) — particularly sections 70 (composition of offences) and 74(1) (enabling provision for subsidiary legislation)
- Sewerage and Drainage (Sanitary Works and Sewerage Works) Regulations (Rg 2)
- Sewerage and Drainage (Surface Water Drainage) Regulations (Rg 4)
- Sewerage and Drainage (Trade Effluent) Regulations (Rg 5)
- Sewerage and Drainage (Protection of Public Sewerage System) Regulations 2017 (G.N. No. S 338/2017)
Source Documents
This article provides an overview of the Sewerage and Drainage (Composition of Offences) Regulations for legal research and educational purposes. It does not constitute legal advice. Readers should consult the official text for authoritative provisions.